During a stay at the board and care my mother sign documents in case of her death. My mom is 86 years old. She has a kidney disease and sometimes suffer from urinary tract infections and she become mildly demented. My mom went to the hospital for the uti and was transferred to a skilled nursing facility. Now my brother that states he has power of attorney for health care states my mother cannot make her own decisions and cancelled appointment for a kidney specialist to see my mother. I am seeking conservatorshp for my mother best care. I have experience in human services, but legally what chance do I have?

1 Answer

If your mother gave POA to brother while she was of sound mind, there isn't a whole lot you can do to get conservatorship. Can't you work WITH brother for mom's best interests? Families fall apart over these kind of squabbles, I'd try to be as involved as I could, but not rock the boat.

Ask brother why he cancelled the appt. Perhaps he knows more about mom's situation than you do.

Mom is now in a SNF, right? They 'should' be on top of her health and UTI's.

Honestly, unless you can prove that brother had mom sign documents and she wasn't of sound mind, you're not going to get control. Legally? Take your chances, but be aware that the fallout may be permanent damage to the family relationships.

What would mom want? Why did you not have POA when she was living with you? I know my mom (88) would NEVER give one of us "girls" POA. That's a man's job :)

Try talking to brother in a non threatening manner. See what his reasoning is. Come back and let us know more.

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